The Trump administration rescinded policies that prohibited federal immigration officers from conducting enforcement actions in places deemed protected areas, such as schools, churches and hospitals, on Jan. 20, the first day of Trump’s second term.
In recent weeks, U.S. Immigration and Customs Enforcement and other federal immigration agencies have increased their presence in the Evanston area, and multiple community members have been arrested. In response, community leaders have organized protests and community activism events throughout the city.
Still, no reports of federal immigration agents on campus have been confirmed by The Daily. With the help of immigration attorneys, The Daily answered some questions to help students better understand how to navigate the increase in federal agent activity in Evanston.
What parts of campus do federal agents have access to?
Alen Takhsh, an attorney with Takhsh Law in Evanston, said that federal agents may not enter private buildings, including dorms or other buildings only accessible by Wildcards, without a warrant signed by a judge.
However, federal agents may be present in or around campus for reasons unrelated to enforcement actions, such as reviewing visa records of international students, faculty and staff, according to the Presidents’ Alliance on Higher Education and Immigration. Such actions are legal under federal law and do not require a warrant.
Federal agents are also allowed to access any part of campus that is open to the public, including outdoor spaces.
What should a student do if they are detained by ICE?
Takhsh said he has been getting calls from individuals who were recently arrested for allegedly disrupting the duties of officers near ICE’s processing facility in Broadview. He said that most importantly, individuals need to remain calm and understand their Fifth Amendment right to remain silent.
“They can tell the (U.S. Customs and Border Protection) or ICE officer that they would like to speak with their lawyer,” Takhsh said. “Essentially, those are the only words that should come out of their mouth. If they would like to press the issue, they can ask whether they are under arrest. If the officer says no, they can ask whether they are free to leave. But I err on the side of advising people to remain silent, because any and all information you provide to them can be used against you in the future.”
In an email to The Daily, a University spokesperson suggested calling Northwestern Police at (847) 491-3456 and describing the situation to the dispatcher, who can notify University officials.
“If you or a University community member you know is engaged by a federal immigration officer on or off campus, remain calm and do not interfere,” the spokesperson wrote.
What can bystanders do?
Christopher Valentino, an attorney with Freedom Immigration, said that filming federal activity in public is allowed, as long as it doesn’t physically impede or interfere with agents’ duties.
“It’s never advisable for members of the public — civilians — to interfere with official duties,” Valentino said. “Whether you agree with them or not, it’s irrelevant. That’s why you record it and you can assist (the person being detained) if they’re being discriminated against, abused or otherwise having their rights violated — but never, ever involve yourself within the interaction. It will only lead to worse problems for both the person you’re trying to help and yourself.”
He added that the government may want a video to be filmed if the individual being detained commits some unlawful act during the detention, and the individual may want it to help prosecute an agent who used excessive force in the detention.
What resources do students have?
For more information, the Illinois Office of the Attorney General and National Immigration Law Center have released guides for rights related to immigration enforcement.
Additionally, the Illinois Coalition for Immigrant and Refugee Rights has several lists of organizations that may be helpful, including some that provide assistance with immigration and citizenship for little to no price.
Email: georgekoutrouvelis@u.northwestern.edu
Email: thomashurley2029@u.northwestern.edu
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— Evanston leaders, lawyers recommend best practices for encounters with immigration enforcement
